Could both of the magistrate judge rulings in the dueling Apple-FBI disputes in Brooklyn and San Bernardino to date be wrong? We believe that the answer is "yes," and explain why the best reading of the All Writs Act compels that counterintuitive result.
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Magistrate Judge James Orenstein in the Eastern District of New York has ruled that the government's request for assistance from Apple to extract data from a phone operating iOS 7—an older operating system than the one at issue in California—is not permissible under the All Writs Act.
At the request of Judge James Orenstein of the U.S. District Court for the Eastern District of New York, over the course of last week, Apple filed two briefs and the government filed one regarding the feasibility of Apple's decrypting its own devices.